Minnesota - Cordell & Cordell
Skip to main content

State: Minnesota

Abigail Seeley

Written by asjohns@lexiconservices.com on .

Abigail Seeley approaches family law with empathy, clarity, and a deep sense of responsibility to the individuals and families she serves. She understands that clients often come to her during some of the most emotionally difficult and uncertain times of their lives, and she believes they deserve not only a skilled legal advocate, but also a compassionate and honest partner in the process.

Known for her thoughtful communication and unwavering commitment to finding solutions, Ms. Seeley is transparent with her clients: if an answer isn’t immediately available, she is dedicated to researching every option and delivering clear, informed guidance. Her goal is to help clients feel heard, supported, and empowered as they navigate complex legal and personal challenges.

Divorce enforcement options in Minnesota.

Minnesota Child Support Arrears: Enforcement & Penalties

Written by Joseph E. Cordell on . Posted in Support Arrears.

When you fall behind in child or spousal support, the court can implement several types of punishment, including suspending your license. If your ex-wife files a Motion for Contempt of Court, depending on the circumstances, you could also see jail time, making it even more challenging to pay current support and catch up on arrears. An experienced family law attorney at Cordell & Cordell can guide you through the process and explain how to get child support arrears and spousal support arrears dismissed in Minnesota. 

What Are the Punishments for Support Arrears in Minnesota? 

When you violate a child support order by non-payment, child support enforcement can take several actions against you. If you, as a non-custodial parent, have difficulty paying the total amount of child support as ordered in your child support case, you should contact an attorney immediately—as the consequences of not paying are high. 

The court and child support services can take several actions, including: 

  • File a claim against future federal income tax refunds 
  • Report the arrears on your credit reports 
  • Prosecute you in a federal criminal court 
  • Notify financial institutions (financial institution data match) 
  • Withhold income from your paychecks 
  • Deny your passport application 
  • Intercept state tax refunds 
  • Put holds on student grants 
  • Order jail time and or fines 
  • Hold you in contempt of court 

Can You Go to Jail for Support Arrears in Minnesota? 

If your ex-spouse files a Motion for Contempt of Court in an attempt to collect past-due child support payments and spousal support arrearages, a court order could include jail time until you pay the arrearages. If you are in jail, you are not working and earning a salary, which means that you not only unable to catch up on arrearages—but you won’t be able to pay current support, which increases the amount owed in arrearages. 

A Motion for Contempt can result in a judgment against you along with jail time, which means you may also see wage garnishment, levying of your bank accounts, seizure of personal property, and retirement benefits appropriated via a Qualified Domestic Relations Order (QDRO) to satisfy your child support obligation. 

How to Get Support Arrears Dismissed in a Minnesota Court 

If you fall behind in spousal support, this can trigger the same penalties incurred for not paying court-ordered child support. Because your original support order is in the child’s best interests, the courts are reluctant to dismiss support arrears or order a downward modification. 

Depending on your circumstances, you can get some or all spousal support arrears dismissed in a Minnesota family court. However, the bar for dismissal, as well as modification of spousal support payments, is high. 

The court will consider modifying spousal support if: 

  • You can prove that there has been a significant change in your financial circumstances, such as a job loss through no fault of your own and pressured to take a job for less pay. 
  • You can prove that there was a significant change in your ex-spouse’s circumstances, such as finishing school and obtaining a job or accepting a much higher-paying job. 
  • Your needs have significantly changed, including changes in custody. 
  • You can prove that your ex-spouse’s need was not as presented for the original support order. If a spouse lied on her financial affidavit, it not only affects spousal support but can also affect child support. 
  • Your ex-spouse is cohabitating with a romantic partner. Minnesota automatically stops spousal support payments if the obligee remarries, but if the obligor can prove she is cohabitating, you can ask the court to terminate spousal support. 

If you have income withholding for spousal support and child support, you will still see a reduction in the deduction for that portion of the spousal support. 

Why Work with Cordell & Cordell 

Modifying Minnesota child support is challenging, especially if you have unpaid child support. Cordell & Cordell has experienced family law attorneys in several states, including Minnesota, who can assist you with child support and spousal support issues. 

Client Experience 

“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C. 

Struggling with Your Spousal or Child Support? Contact Us. 

Child support and spousal support arrearages can accumulate quickly. They can also cause you to lose certain rights and privileges. Cordell & Cordell is a family law firm that guides individuals through various family law issues, including divorce, child support, child custody issues, division of marital assets, and paying child support after a minor child enters college. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation. 

Disclaimer: This page serves as a resource and is not considered legal advice. 

Brooke Holmes divorce attorney.

Brooke Holmes

Written by Abby Johns on .

Ms. Holmes has participated in over 25 trials in multiple practice areas, including divorce, custody, order of protection, child custody, and more. In her greatest litigation victory, she defended a case for a year, dealing with a ruthless opposing party who violated court orders, and caused potential harm to her client. In the end, Ms. Holmes and her client were able to complete a two-day trial, pointing out the lies and accusations from the opposing party and impeaching their credibility as a whole. This resulted in them gaining a more favorable outcome than expected, leaving the client happy and keeping the child safe. Ms. Holmes’s efforts and victories with these cases show her dedication to her clients.

Kelsey Daniels Super Lawyers

Kelsey B. Daniels Recognized as a Rising Star in Family Law

Written by Joseph E. Cordell on .

Cordell & Cordell Edina divorce attorney Kelsey B. Daniels was recently named a Minnesota Rising Star in the family law practice area by Super Lawyers, a Thomson Reuters rating service of outstanding attorneys.

This is the third consecutive year Ms. Daniels has earned the award. She is a graduate of the William Mitchell College of Law.

Super Lawyers is a rating service of outstanding attorneys from more than 70 practice areas who have attained a high degree of peer recognition and professional development. Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive the distinction.

The annual Super Lawyer selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive, and diverse listing of exceptional attorneys.

For the Rising Stars list, lawyers are asked to nominate the best attorneys who are 40 or under, or who have been practicing law for 10 years or less. They are instructed to nominate lawyers they have personally observed in action – whether as opposing counsel or co-counsel, or through other firsthand courtroom observation.

The Super Lawyers lists are published nationwide in Super Lawyers Magazine and in leading city and regional magazines and newspapers across the country. For more information about Super Lawyers, visit SuperLawyers.com.

Edina divorce attorney Kelsey B. Daniels

Kelsey B. Thibault

Written by Abby Johns on .

Edina divorce attorney Kelsey B. Thibault has dedicated her practice to family law because the work allows her the opportunity to assist others with legal issues that are of central importance in their lives.

“Whether I am advocating for my client to have more parenting time with his children or fighting for equitable division of assets through a divorce, my focus remains bettering the lives of my clients,” Ms. Thibault said.

Ms. Thibault regularly utilizes her communication skills in practice, which assists her in understanding her client’s perspectives and arguing persuasively with opposing counsel or before the court.

“If I had to tell my client one thing about the process in the first meeting, I would tell them that family law matters can be stressful and consuming,” she said. “Self-care, asking questions, and being open to receiving new information is important. I would tell a client that I am a strong advocate that will provide candid advice.”

A skyline with diverse buildings under cloud-covered skies, overlooking a river and greenery.

Calculating Minnesota Child Support Payments & Guidelines

Written by Abby Johns on .

The biological father of a child conceived while the mother was married to another man is not presumptuously the child of the biological father. Minnesota state law presumes that a woman’s husband is the father of a child born during the marriage, even if he is not the child’s biological father. Generally, these types of cases are not as simple as this summary. At Cordell & Cordell, we know the ins, outs, and nuances of Minnesota child support law, and we’re happy to be a winning resource on your side.

Are You Dealing with Child Support Issues in Minnesota?

Changes in your life are bound to happen. Did you change jobs, or do you have your child for more time? You may be able to modify your child support order based on changed circumstances in your life or your child’s life:

  • You lost your job, or your income has decreased considerably.
  • You are self-employed, and your income is unpredictable.
  • Economic conditions mean that you need to make cost-of-living adjustments to your child support payments.
  • You have substantially more court-ordered parenting time with your child than before.
  • You want to start or stop income withholding for support payments.
  • Your child’s health care costs have changed.
  • The cost of childcare has gone up.

Please note that a child support obligation does not change automatically when circumstances change. You must file a motion to get a new court order for the changes to take effect.

Minnesota State Child Support Guidelines (Calculating The Cost)

A deviation from the presumptive Minnesota child support obligation is intended to encourage prompt and regular payments of child support and to prevent either parent or joint child from living in poverty. The law allows for requests to deviate from the guidelines under compelling circumstances.

In addition to the MN child support guidelines and other factors used to make Minnesota child support calculations, the court must take into consideration the following factors prior to granting a deviation for child support payments:

  1. All earnings, income, circumstances, and resources of each parent including real and personal property. Excess employment income can be excluded; the extraordinary financial needs and resources, physical and emotional condition, and educational needs of the child to be supported
  2. The standard of living the child would enjoy if the parents were currently living together but recognizing there are now separate households
  3. Whether the child resides in a foreign country for more than one year that has a substantially higher or lower cost of living
  4. Which parent receives the income taxation dependency exemption and the financial benefit the parent receives from it
  5. The parents’ debts
  6. Total payments for court-ordered child support exceed statutory limitations on wage-garnishment

Debt and Minnesota Child Support

If debts are a reason for deviation, then it must be a debt owed to private creditors.

The debt must have been reasonably incurred for the necessary support of the child or parent or for the necessary generation of income. The debt considered could only be the amount that is essential to the continuing generation of income.

There needs to be a sworn schedule of the debts with supporting documentation. This must show goods and services purchased, the recipient of them, the original debt amount, the outstanding balance, the monthly payment, and the number of months until the debt will be fully paid. The deviation based on debts can only be extended for 18 months.

Calculating Minnesota Child Support Costs: An Example

A man and child are affectionately embracing on a sofa, smiling in a cozy, well-lit living room.

The current Minnesota child support guidelines, found in § 518A.35 of the Minnesota Statutes, took effect on January 1, 2023. Section 518A.34 provides a method for calculating each parent’s support obligation. The Minnesota Department of Human Services (DHS), the state’s official child support agency, provides a child support guidelines calculator to help parents determine how much child support they must pay or should expect.

Suppose two parents, Anna and Bob, have one child named Charlie.

  • Anna and Bob have almost equal parenting time with Charlie — Anna has 183 overnights per year, and Bob has 182.
  • Anna’s monthly income is $2,000, and Bob’s is $5,000.
  • Bob pays Anna $500 per month in spousal maintenance.
  • Bob pays $200 per month to include Charlie on his employer-provided health insurance.
  • Neither parent has any other children from other marriages or relationships.

The child support amount can be calculated as follows:

  • After deducting Bob’s spousal maintenance payment, the total parental income for determining child Support (PICS) is $6,500.
  • Under the child support guidelines, the basic support amount for one child and a combined PICS of $6,500 is $1,016.
  • Anna’s share of the PICS is 31%, so her pro rata share of monthly basic support is $315.
  • Bob’s share of the PICS is 69%, so his share of basic support is $701.
  • After applying the parenting expense adjustment found in § 518A.36, Bob’s basic support obligation is $193.
  • Anna’s pro rata share of health care costs is $62. This is her basic support amount after applying the adjustments.
  • Bob’s monthly child support obligation to Anna is the difference between the two basic support amounts, or $131.

Check Out These Podcasts on Child Support for Minnesota Parents

Why Work With Cordell & Cordell for Your Child Support Hearing

Cordell & Cordell has existed for more than three decades offering legal advice and guidance to clients in child support cases. Our law firm primarily handles legal issues, including establishing custody and parenting time as well as child support orders.

Miguel G. “[My attorney] kept in constant contact with me, day and night, even on Sundays. He answered all my questions and put my mind at ease. His professional representation in court blew my ex’s attorney out of the water. Got the judge and the GAL on my Side. Ultimately, I got the placement of my little girl, and that is all I wanted; the best money was spent to keep my little girl in a safe and loving environment; thank you!!”

Parents Choose Cordell & Cordell for Aggressive Representation

Child support in Minnesota can be complicated. If you have questions about child support issues, you should contact a Minnesota child support lawyer who can help you understand your rights. You can also check out our Minnesota family law resources page to learn more. Cordell & Cordell’s lawyers are licensed to practice throughout Minnesota and are available for consultations whenever you are ready. Please call 1-866-323-7529 to schedule an appointment.

Related Articles to Read Later (You’ll Thank Us):

Minnesota Child Custody Questions

Written by Joseph E. Cordell on .

Minnesota child custody attorneys provide answers to frequently asked questions with regards to Minnesota child custody and Minnesota custody laws.

Who will get custody of our child(ren)?

There are no set rules on who will automatically get custody of the children. There are statutory factors that the court must consider in awarding any decision regarding minor children.

What is joint custody? What is sole custody?

Legal custody provides one or both divorced or separated parents with the authority to make decisions about a child’s education, health and religion.

If the court orders joint legal custody, both parents are entitled to weigh in on academic, medical and religious issues, and disputes between the parents regarding those issues are resolved in family court, mediation or other alternative dispute resolution.

If the court orders sole legal custody to one parent, the other parent is not stripped of all parental authority, but the child’s major decisions are subject to the authority of the parent with sole legal custody.

Physical custody is the term used to address where a child lives. If the parents have joint physical custody, the child does not reside primarily in one parent’s house, but spends relatively equal time residing with each parent. If one parent has sole physical custody, the child resides primarily with that parent. When one parent has sole physical custody, the other parent may have a great deal of parenting time, or very little (or none), depending on the case.

The term “primary physical custody” is being used increasingly. That term reflects the fact that in most cases, neither parent wants the other parent to have “sole physical custody,” but “joint physical custody” may also be rejected if one or both parents disagrees with the label and/or if the child does not spend nearly equal time in each parent’s home.

If joint physical custody is awarded there are additional factors that need to be addressed such as: the ability of the parents to cooperate in rearing the children; the ability of the parents to resolve disputes regarding the children; whether it would be detrimental to the child if one parent were to have sole authority over the children’s upbringing; and whether domestic abuse has occurred between the parents.

If both parents share custody does anyone pay child support?

Child support is determined based on the gross monthly income of both parties and other expenses such as daycare costs and medical insurance costs. The parenting time of each parent is also a factor.

There are three tiers for parenting time percentages, under 10%, 10% to 45% and 45.1% to 50%. There is a 12% reduction in child support for a parent receiving between 10% and 45% of the parenting time. There is also a more significant reduction for a parent with 45.1% to 50%.

Can a parent refuse to allow visitation if child support is not paid?

No. Child support payment or lack thereof is completely independent of a parent’s right to see his/her child.

When can my child decide which parent to live with?

In Minnesota, there is not set age limit on when a child can decide which parent to live with. The court will consider the child’s wishes to the extent that the child is sufficiently mature to express reasoned and independent preferences as to the parenting time schedule.

Do grandparents have custody and visitation rights?

Generally speaking, no. Third parties do not have visitation rights to the minor children unless an independent action to gain those rights is started.

What is a parenting plan, and do I need one?

A parenting plan is the plan that parents submit to the court allocating parenting time with the minor child, holiday visitation, etc. It is a requirement. However it can be as vague or as detailed as you want.

If my separation agreement includes child custody and child support, can it be included in the divorce decree?

Yes, it should always be integrated.

What can I expect from temporary orders?

Temporary orders cannot be brought before the court until the parties attend the required Initial Case Management Conference (ICMC) in their county.

After the ICMC the parties can decide to enter the Early Neutral Evaluations (ENE) program. This program is similar to mediation but broken up into child custody/parenting time ENEs and financial ENEs. This program is voluntary. If you choose to go through the ENE process you cannot bring a temporary motion until all ENEs are finished. If you do not go through the ENE process you can file a temporary motion after the initial ICMC.

Temporary motions can deal with most issues in the dissolution on a temporary basis. The following issues are usually dealt with in a temporary motion: child custody, child support, possession of the homestead, possession of vehicles, payment of debts/bills, and spousal maintenance. This is not an exhaustive list. A temporary order can be in place for a few months or years. They can be modified if necessary.

When will child custody be decided?

Your final parenting time decisions will be determined by the court during the trial. It is possible to have Temporary Orders that allocate parenting time provisions, or the parties can agree to a parenting schedule.

When can I modify custody?

A parenting plan, including a parenting schedule, can be modified at any point whenever such an action would be in the best interest of the minor child. However, a substantial modification of parenting time which changes the children’s primary residence or a change in custody can only be filed if it is shown that the child’s present environment may endanger the child.

What if we cannot agree on a child custody arrangement?

If you cannot mutually agree on a custody arrangement, the court will have to determine a schedule that it deems is in the best interest of the minor child. In some cases, the court will order a custody/parenting time evaluation to be done by a neutral private evaluator.

A custody/parenting time evaluation usually takes between three to six months to complete. The costs can vary between the evaluator chosen. The evaluator will make recommendations to the court. The courts will usually follow the recommendations.

What is an ex parte order?

This is an emergency motion before the court. All regular motions are required to be served on the opposing party 14 days prior to the hearing date. An ex parte motion waives the notice requirements and allows the parties to get into court sooner to discuss issues that absolutely cannot wait for a later hearing date.

A judge can give immediate relief to the party seeking the ex parte motion and a hearing will be held within a short period of time so the other party can provide documents regarding the issues.

How is child custody decided?

If you cannot mutually agree on custody, the court will have to determine the custody arrangement that it deems is in the best interest of the minor child. In some cases, the court will order a custody/parenting time evaluation to be done by a neutral private evaluator.

A custody/parenting time evaluation usually takes between three to six months to complete. The costs can vary between the evaluator chosen. The evaluator will make recommendations to the court. The courts will usually follow the recommendations.

How can I increase my chances at getting a larger custody agreement?

There are many factors that are used to determine custody and parenting time. It is recommended that you stay child focused and constantly ask the question, “Why is this in the best interest of my child?”

What is visitation?

Visitation is parenting time. It is when one parent gets to “visit” with the minor children.

Can a judge order supervised visitation or no visitation?

Yes, if the court finds that supervised or no visitation is necessary because a party is a danger either physically or emotionally to the minor child, it can be ordered.

What should I know before a custody trial?

You should know the best interests factors that will be taken into consideration by the judge and how will you prove those factors in a trial setting.

Can I collect my own evidence to use if my custody case goes to court?

Yes, however you will need to abide by the Rules of Evidence in introducing the proposed evidence.

Do I need to use a Guardian ad Litem or Child Custody Evaluator?

No, but in some cases their services are highly helpful.

Will my child need to appear in court?

Usually no. In fact, it is discouraged to have children involved in court proceedings.

What is the Parental Kidnapping Prevention Act?

Minnesota has a Uniform Child Abduction Prevention Act (UCAPA) and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). It was put into place to try and protect the child and parent from the situation where one parent abducts a child unlawfully and refuses to return the child.

What if my wife tries to move the kids out state?

If your wife is the residential parent, she will have to bring a motion before the court requesting permission to move. She will have to show that the move is in the best interests of the child.

Can a parent change the child’s last name without the other parent’s permission?

No minor child’s name may be changed without both parents having notice of the pending application of change of name. The applicant must show proof that the non-applicant parent(s) has received notification of the Application for Name Change of a Minor.

If I have custody, will I receive child support?

Usually, but child support is based on the gross income of both parties and other factors such as daycare and medical insurance expenses.

Edina Fathers Rights

Written by Joseph E. Cordell on .

Edina fathers’ rights have improved significantly over the last decade. Minnesota was formerly one of the harshest states on non-custodial parents – which are fathers about 83% of the time – by completely disregarding the custodial parent’s income when determining support. Mercifully, the state has adopted new child support guidelines that takes into account both parents’ income.

This is not to say that Edina fathers’ rights are protected because even the new guidelines tend to be unfairly biased. If a non-custodial parent has less than 45.1% of parenting time, which is often the case, then they are only eligible for a 12% adjustment in their child support. That means fathers with joint custody are within a danger zone where child support payments could be unfairly determined.

To protect your rights as a dad including the financial means to provide for your children, you should seek the counsel of an attorney familiar with the inequity of the law in regards to Edina fathers.

Cordell & Cordell Is Dedicated To Edina Fathers’ Rights

Cordell & Cordell was founded in 1990 on the belief that men needed focused representation when attempting to fight an uphill battle in family law courts, which historically have been predisposed against fathers.

Men who come to Cordell & Cordell know that their interests and the interests of their children will be aggressively championed. Our Edina dads’ rights attorneys are dedicated to providing you the best client care and service possible while fighting to ensure your rights are protected throughout the divorce process.

To schedule an appointment with an Edina fathers’ rights divorce attorney, please call 612.632.2900 or 1-866-DADS-LAW.

Edina Fathers Rights Resources

Dads Rights

Minnesota Fathers Rights In Divorce

Information on Fathers Rights

father holding hands with daughter outdoors with the cordell & cordell icon overlayed father holding hands with daughter outdoors with the cordell & cordell icon overlayed

11 Enforcement Options If You Owe Support Arrears

Written by Joseph E. Cordell on .

1. For any support order being enforced by the public authority, the authority may seek a court order requiring the obligor to seek employment if;

  • The obligors current employment cannot be verified; or
  • If the obligor is in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater then three times the obligor’s total monthly support and maintenance payments; and
  • The obligor is not in compliance with a written payment plan.

2. If you are ordered to seek employment you shall have a specific amount of time to do so and you must file on a weekly basis a report showing at least five new attempts to find employment.

3. Your driver’s license can be suspended. The obligor needs to be in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater then three times the obligor’s total monthly support and maintenance payments. This order must be stayed for 90 days to give the obligor time to execute a written payment agreement.

4. Your occupational license can be suspended. The obligor needs to be in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater then three times the obligor’s total monthly support and maintenance payments. This order must be stayed for 90 days to give the obligor time to execute a written payment agreement.

5. There can be a motor vehicle lien placed on your vehicle. The obligee must have a judgment debt from nonpayment of court-ordered child support or maintenance payments or both in an amount equal to or greater then three times the obligor’s total monthly support and maintenance payments. This order must be stayed for 90 days to give the obligor time to execute a written payment agreement.

6. Your recreational license can be suspended. The obligor needs to be in arrears in court-ordered child support or maintenance payments or both in an amount equal to or greater then six times the obligor’s total monthly support and maintenance payments. This order must find that other substantial enforcement mechanisms have been attempted but not resulted in compliance prior to making this order.

7. At least once a year, the commissioner of human services with the attorney general may publish a list of the names and other identifying information of people who are child support obligors with at least $10,000 in arrears, not in compliance with a written payment agreement, made no payments in the last 12 months, and cannot be located.

8. The court can require the obligor to provide sufficient security for the payment of the obligation. If no security is provided, the court may sequester the obligor’s personal estate and the rents and profits of the obligor’s real estate and direct that payments of support or maintenance be made from the sequestered assets.

9. There can be a money judgment which can be enforced in any manner that other money judgments are enforced, including attachment, levy, execution, or garnishment.

10. Your Income Tax Refund can be withheld for child support arrears.

11. You could be convicted of criminal nonsupport of a spouse or child. You cannot be charged with this unless there has been an attempt to obtain a court order holding the person in contempt for failing to pay child support or maintenance.

Minnesota Child Support Lawyer

If you are a man facing divorce in Minnesota and have questions concerning child support, you should contact a Minnesota child support lawyer to ensure your rights are protected.

Cordell & Cordell Minnesota divorce lawyers are licensed to practice throughout the state and are available for consultations should you seek additional information or possible legal representation. Please call 1-866-323-7529 or 612-632-2900 to schedule an appointment.

Stone arch bridge in Minneapolis Minnesota spans a calm river, leading towards a metropolitan skyline with skyscrapers under a pastel sunset sky.

Minnesota Resources

Written by Joseph E. Cordell on .

Filing for or being served with divorce papers means a significant change in your life. For many, the longer they were married, the more significant the change – you’ll have to get used to being independent and, for most families, living on one income. If you have children, the change is significant for you and them, as everyone needs to adapt to different living arrangements. Cordell & Cordell can guide you through the complex process of divorcing, creating a parenting plan that is in the best interests of the children, division of assets, and more.

Read more about the various issues during a divorce:

Minnesota Divorce Process

Under Minnesota law, a divorce is referred to as a dissolution of marriage. To initiate a divorce, you must serve a petition for dissolution of marriage and a summons. The subsequent steps include:

  • Serve your spouse with the Summons and Petition for Dissolution of Marriage. You can then file the Affidavit of Service or Acknowledgement of Service in Court; or you can wait to file to see if you can reach an agreement without needing Court intervention.
  • Your spouse must serve, and file if the case has been filed, an answer and perhaps counterpetition for dissolution of marriage within 30 days or risk defaulting, unless an extension has been granted.
  • Complete the other paperwork, including a confidential information form, and if you have children, a financial affidavit.
  • Exchange information – This is generally called informational discovery where each side requests, and the parties exchange bank statements, tax returns, titles, deeds, retirement account statements, credit card statements, and other financial documents, even for joint accounts.
  • Determine who will have physical custody and legal custody of the minor children, and what days/overnights the minor children will spend with each parent.

If you both agree on all of the issues, you can file a stipulated findings of fact, conclusions of law, order for judgment and judgment and decree. If you agree on some of the issues, you can file a partial stipulated judgment and decree and litigate the issues upon which you can’t agree. If you file a partial stipulated judgment and decree, you only need to litigate those issues on which you disagree. The court will incorporate the partial stipulated judgment and decree into the final judgment.

If you are able to resolve all of your issues you may not need a final hearing and the Court can administratively enter your judgment of divorce. If you are not able to resolve all your issues, you will proceed to a final trial where the Judge will make a decision on the disputed issues based on the evidence presented at the trial.

Minnesota Residency Requirements

Minnesota has a residency requirement in order to file for divorce. You must have lived in the state for at least 180 days prior to filing. However, if you are in the military and have kept your residency in Minnesota, you can still file, although you are currently living in another state. If you are in the military and a divorce is being contemplated you must also make sure there is compliance with the Servicemembers Civil Relief Act (SCRA). You must file a dissolution of marriage in the district court in the county where you or your spouse lives.

Grounds for Divorce in Minnesota

Minnesota is a no-fault state, which means that you need only plead irreconcilable differences for a divorce in a Minnesota court.

Minnesota Property Division Process

A person in a white shirt connects wooden puzzle pieces with icons symbolizing pet, car, savings, and family. The context suggests financial planning or life goals.

Minnesota is an equitable distribution state. If you can’t agree on property distribution, the court will do it for you. It looks at several factors when determining the distribution of property and does not use marital misconduct as a factor in determining asset division. The factors the court uses include:

  • The duration of the marriage
  • Prior marriages for either party
  • The parties’ ages
  • The parties’ health
  • The needs of the parties
  • Occupation
  • Sources of income
  • Amount of income
  • Vocational skills
  • Real estate
  • Employability
  • Future earning capacity
  • Liabilities
  • Current income

Equitable distribution of marital property allows for a fairer distribution of assets. With equitable distribution, you can “trade” one asset for another. Your spouse’s retirement account might be the same as yours – you can agree to keep your accounts. If your retirement account is larger, you can agree to give your spouse another asset in exchange for keeping your full retirement account; or do a post-divorce order that results in a tax-free, penalty free transfer from one retirement account to another in order to equalize retirement assets.

Nonmarital Property

The court will also consider nonmarital property. If you received a gift or inheritance given to only you, that is nonmarital property and generally cannot be divided with your spouse.

Other nonmarital property includes property you owned prior to the marriage as long as it wasn’t comingled with marital property, such as income earned during the marriage.

Minnesota Child Custody Laws

A young girl with pigtails holding two drawings of stick figures, looking serious, sitting at a wooden table, with a blurred indoor background.

Minnesota family courts always look to the best interests of the child when determining custody and parenting time. In addition, the courts also review several other factors, including:

  • The child’s physical, cultural, emotional, and spiritual needs
  • Special medical, mental health, developmental disability, or educational needs
  • The preferences of the child if the child is mature enough to express their wishes
  • Domestic abuse
  • The parent’s physical, mental and chemical health
  • Each parent’s participation in providing for the child
  • The willingness of each parent to provide ongoing care for the child; to meet developmental, emotional, spiritual, and cultural needs of the child
  • The effect on changes to the child’s home, school, and community
  • The effect of the proposed arrangements on the child, siblings, parents, grandparents, and other significant people in the child’s life
  • The benefit of maximizing parenting time with both parents and the detriment to the child in limiting parenting time with either parent
  • The willingness of each parent to allow frequent contact with the other parent

The court presumes that joint legal custody is in the best interests of the child. There is no presumption for physical custody, and joint physical custody does not necessarily mean equal parenting time.

Minnesota Child Support

Under Minnesota law, the children have a right to be financially supported by both parents. The statutes provide guidelines for determining child support. To determine the base amount for child support:

  • The calculator can be found here: https://childsupportcalculator-beta.dhs.state.mn.us/
  • Input each parent’s gross incomes.
  • Input the payment and receipt of spousal maintenance.
  • Input the number of overnights each parent has with the child(ren)
  • Input any non-joint children of the parents.
  • Input insurance premiums (medical and dental)
  • Input childcare costs.

Generally, the parent with more parenting time receives child support from the parent with less parenting time; if parenting time is equal the parent with the higher income generally pays basic child support to the other parent.

Minnesota Child Support Modification

Child support is difficult to modify – you can’t just quit your job and expect the courts to issue a downward modification of support. You must be able to show:

  • A substantial change in financial circumstances that is not voluntary
  • A substantial change in the need for support
  • Receiving assistance under the AFDC program
  • A change in the cost of living for either parent that is beyond the control of the parent
  • A change in the availability of health insurance or medical costs. For example, a change can be if the parent paying for health insurance premiums is forced to change insurance companies and the premiums increase.
  • The addition of childcare expenses due to a change at work or school, such as a mandatory change in shifts and the other parent cannot care for the child
  • When the child becomes emancipated. Emancipation can include getting married, legally emancipated at an age younger than 18, or joining the military.

The change must result in an increase or decrease of $75 per month AND a 20 percent increase or decrease.

Minnesota Spousal Maintenance

Another family law matter is alimony, or, as it is referred to under Minnesota law, spousal maintenance. The court has discretion over ordering spousal maintenance and reviews several factors, including:

  • The financial resources of both parties.
  • The ability of each party to meet their individual needs.
  • Whether the parent is a custodian of a child whose condition or circumstances make it appropriate that the custodian not be required to seek employment outside the home.
  • The time required to obtain sufficient education or training to become independent and earn a living.
  • Each party’s age and work-related skills.
  • The standard of living established during the marriage.
  • The duration of the marriage.
  • The length of absence of a party from the workforce because he or she stayed home to be a housewife and have children.
  • Loss of earnings, retirement benefits, seniority, and other work benefits because a spouse became a homemaker.
  • The age, physical, and emotional condition of the parties.
  • The contribution of each party in acquiring and preserving the value of marital property.
  • The contribution of a spouse as a homemaker so the other could further his or her employment or business.

Spousal maintenance can be transitional or indefinite. If the receiving spouse cohabitates with another adult they would marry but for the receipt of spousal maintenance, the court may reduce, suspend, reserve, or terminate spousal maintenance if the factors listed in the statute are met.

Why Work with Cordell & Cordell

When facing legal issues, including divorce, custody arrangements, property division, and other family law concerns, an experienced Minnesota family law attorney can guide you through the process of obtaining a dissolution of marriage.

Client Experience

“[My lawyer] made sure I was treated well. She listened to me and advised when I needed to keep my emotions in check. I would always refer her as she was very good.” — Kyle R.

“[My lawyer] is exceptionally well at explaining, informing, and being empathetic.” — Timothy H.

Start Your Case With Confidence

Contact Cordell & Cordell for a consultation if you are planning on filing a divorce or your spouse served you with a dissolution of marriage. Contact our team today at 866-323-7529 or fill out our online contact form to schedule an initial consultation.

Disclaimer: This page serves as a resource and is not to be taken as legal advice.